Plain-English summary
Court says FSIA expropriation exception excludes takings of a country's own nationals
The Court unanimously held that the Foreign Sovereign Immunities Act’s expropriation exception does not provide jurisdiction for claims based on a foreign government’s taking of its own citizens’ property. The decision applied the domestic takings rule from international law and sent the case back to the lower court for further proceedings.
Why this matters
The decision narrows when victims can sue foreign governments in U.S. courts under the FSIA by excluding cases where a foreign state allegedly seized property from its own citizens. That affects claims tied to historical seizures and other property disputes involving foreign sovereigns, limiting U.S. court jurisdiction in many such cases.
Who may feel it
- Private plaintiffs seeking to sue foreign governments for property takings
- Foreign sovereigns defending property-related claims in U.S. courts
- Survivors and descendants pursuing restitution for historical seizures
- U.S. lower courts handling FSIA cases and attorneys in international-torts litigation
Key questions
- Does the FSIA expropriation exception cover claims that a foreign state violated international law by taking property from its own nationals?